WSR 01-09-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-54 -- Filed April 13, 2001, 1:22 p.m. ]

Date of Adoption: April 13, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-44-05000D.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Thresher shark are taken incidental to the swordfish fishery, but few swordfish are taken off of Washington or northern Oregon. Oregon has set a 10:1 ratio of swordfish to thresher shark in its experimental swordfish fishery. This permit fishery has resulted in a directed thresher shark fishery and landings into Washington. There are insufficient thresher shark to support a directed fishery, and prohibiting landings will preserve thresher shark. There is insufficient time to adopt permanent rules, but permanent rule making has started.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

April 13, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-44-05000D   Coastal bottomfish -- Thresher shark landings.   Notwithstanding the provisions of WAC 220-44-050, effective immediately until further notice it is unlawful to land thresher shark into any Washington port.

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Washington State Code Reviser's Office